USPTO Patents Application 09870801

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KEKER & VAN NEST, LLP
JOHN W. KEKER - #49092
HENRY C. BUNSOW - #60707
JON B. STREETER - #101970
MICHAEL H. PAGE -#154913
RAGESH K. TANGRI - # 1 59477
710 Sansome Street
San Francisco, CA 941 1 1 -1 704
Telephone: (415)391-5400
Facsimile: (415)397-7188

FINNEGAN, HENDERSON, "FARABOW,
GARRETT & DUNNER, LLP
CHRISTOPHER P. ISAAC
1300 I Street, N.W.
Washington, D.C. 20005-3314
Telephone: (202) 408-4000-
Facsimile: (202) 408-4400

Attorneys for Plaintiff

INTERTRUST TECHNOLOGIES CORPORATION

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APR % 6 2001

NOfi

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

INTERTRUST TECHNOLOGIES

CORPORATION,

a Delaware corporation,

c

Plaintiff,

v.

MICROSOFT CORPORATION, a
Washington corporation,

Defendant.

01 1640«HL

Case No.

COMPLAINT FOR INFRINGEMENT OF
U.S. PATENT NO. 6,185,683 Bl

DEMAND FOR JURY TRIAL

Plaintiff INTERTRUST TECHNOLOGIES CORPORATION (hereafter "InterTrust")
hereby complains of Defendant MICROSOFT CORPORATION (hereafter "Microsoft"), and
alleges as follows:

267611.01

COMPLArNT FOR INFRINGEMENT OF U.S. PATENT NO. 6,1 85,683 Bl

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267611.01

JURISDICTION AND VENUE

1 . This action for patent infringement arises under the patent laws of the United States,
Title 35, United States Code, more particularly 35 U.S.C. §§ 271 and 281.

2. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).

3. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c) and 1400(b).

THE PARTIES

4. Plaintiff InterTrust is a Delaware corporation with its principal place of business
at 4750 Patrick Henry Drive, Santa Clara, California.

5. InterTrust is informed and believes, and on that basis alleges, that Defendant
Microsoft is a Washington Corporation with its principal place of business at One Microsoft
Way, Redmond, Washington.

6. InterTrust is informed and believes, and on that basis alleges, that Defendant
Microsoft does business in this judicial district and has committed and is continuing to commit
acts of infringement in this judicial district.

7. InterTrust is the owner of United States Patent No. 6,185,683 Bl, entitled
"Trusted and secure techniques, systems and methods for item delivery and execution" ("the
'683 patent"), duly and lawfully issued on February 6, 2001. A copy of the '683 patent is
attached hereto as Exhibit A.

CLAIM FOR RELIEF

8. InterTrust hereby incorporates by reference paragraphs 1-7 as if restated herein.

9. This is a claim for patent infringement under 35 U.S.C. §§ 271 and 281.

1 0. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is infringing the '683 patent under § 271(a) by making, using, selling, and offering for
sale digital rights management software incorporating inventions claimed in the '683 patent.
nterTrust is further informed and believes, and on that basis alleges, that Microsoft's
nfringement of the '683 patent under §271(a) will continue unless enjoined by this Court.

1 1 . InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is knowingly and intentionally inducing others to infringe directly the '683 patent under

COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,185,683 Bl

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§ 271 (a), thereby inducing infringement of the '683 patent under § 271(b). InterTrust is further
informed and believes, and on that basis alleges, that Microsoft's infringement of the '683 patent
under §27 1(b) will continue unless enjoined by this Court.

1 2. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
been and is contributorily infringing the '683 patent under § 271(c) by providing digital rights
management software and related functions especially made or especially adapted for infringing
use and not staple articles or commodities of commerce suitable for substantial noninfringing
use. InterTrust is further informed and believes, and on that basis alleges, that Microsoft's
infringement of the '683 patent under §271 (c) will continue unless enjoined by this Court.

1 3. InterTrust is informed and believes, and on that basis alleges, that Microsoft is
willfully infringing the '683 patent in the manner described above in paragraphs 10 through 12,
and will continue to do so unless enjoined by this Court.

1 4. InterTrust is informed and believes, and on that basis alleges, that Microsoft has
derived and received, and will continue to derive and receive from the aforesaid acts of
infringement gains, profits, and advantages, tangible and intangible, the extent of which are not
presently known to InterTrust. By reason of the aforesaid acts of infringement, InterTrust has
been, and will continue to be, irreparably harmed.

PRAYER FOR RELIEF
WHEREFORE, InterTrust prays for relief as follows:

A. That Microsoft be adjudged to have infringed the '683 patent under 35 U.S.C. §

271(a);

B. That Microsoft be adjudged to have infringed the '683 patent under 35 U.S.C. §
>71(b) by inducing others to infringe directly the '683 patent under 35 U.S.C. § 271(a);

C. That Microsoft be adjudged to have contributorily infringed the '683 patent under
15 U.S.C. § 271(c);

D. That Microsoft be adjudged to have willfully infringed the '683 patent under 35
J.S.C.§§ 271(a), (b), and (c);

E. That Microsoft, its officers, agents, servants, employees and attorneys, and those

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267611.01

persons in active concert or participation with them be preliminarily and permanently restrained
and enjoined under 35 U.S.C. § 283 from directly or indirectly infringing the '683 patent;

F. That this Court award damages to compensate InterTrust for Microsoft's
infringement, as well as enhanced damages, pursuant to 35 U.S.C. § 284;

G. That this Court adjudge this case to be exceptional and award reasonable
attorney's fees to InterTrust pursuant to 35 U.S.C. § 285

H. That this Court assess pre-judgment and post-judgment interest and costs against
Microsoft, and award such interest and costs to InterTrust, pursuant to 35 U.S.C. § 284; and

I. That InterTrust have such other and further relief as the Court may deem proper.

Dated: April 26, 2001

KEKER & VAN NEST, LLP

JOHN W. KEKER
ttorneys for Plaintiff
4TERTRUST TECHNOLOGIES
CORPORATION

COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,185,683 Bl

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DEMAND FOR JURY TRIAL

Plaintiff InterTrust herby demands a trial by jury as to all issues triable byjury,
specifically including, but not limited to, the issue of infringement of United States Patent No.
6,185,683 Bl.

Dated: April 26, 2001 KEKER & VAN NEST, LLP

JQHN W. KEKER
Attorneys for Plaintiff
INTERTRUST TECHNOLOGIES
CORPORATION

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COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 6,185,683 Bl